Howey, Desisto Drop Negotiations

June 28, 1987|By Ramsey Campbell of The Sentinel Staff

HOWEY-IN-THE-HILLS — Settlement talks have broken off between city officials and DeSisto College over the school's discrimination suit against the city, and the case apparently is headed for federal court sometime early next year.

A court-supervised settlement conference Monday in Ocala was called off because college and Howey officials agreed continuing the talks would be futile.

The college sued the city last year, claiming the city discriminated against the school in enforcing zoning regulations. The two have been feuding ever since last fall, when the school for learning-disabled students opened.

The federal discrimination suit came after city officials cited the college in December for violating zoning rules by leasing the 15-acre Howey Mansion for its campus.

U.S. District Court Judge Susan Black, who is scheduled to hear the case, in May ordered college and city to try to settle the suit. She appointed a federal magistrate to mediate the talks, which were held for two days in Jacksonville.

Afterward, both sides agreed to meet again this month after considering a proposal for the college to acquire land outside the city for its campus. But city officials since have refused to consider a demand by the college to pay $100,000 in legal fees, and college officials have said they aren't interested in the out-of-town property.

''When we realized they weren't interested in the land, there just wasn't any point in our continuing the settlement talks. We had nothing to talk about,'' said Keith Mitnick, one of the city's attorneys handling the suit. ''It was a standoff.''

Ron Glines, a spokesman for the college, agreed neither side seemed to be getting anywhere.

''They seemed to be offering us what we'd expect if we lose the case,'' said Glines. ''If we wanted to move out of Howey we'd go to Boca Raton or someplace. But we think we have the right to buy property in Howey.''

The college administration building, dorm and classroom facilities are adjacent to a private high school, also run by college founder Michael DeSisto, in the south end of the city. But DeSisto said that as the fledgling 22-student college grows to its projected 160-student enrollment, it would need to buy more property in Howey.

Friction between the city and the college arose last October, when city residents learned the college had bought a home on North Lake Shore Drive at the north end of the city to use for student counseling. Alarmed residents complained the college was intruding on the city's traditional residential areas.

At the time, the city of 700 residents was zoned almost exclusively residential with a small commercial district in the center of town. But the residential zoning allowed schools and other non-residential uses.

Although city officials said it was illegal to use residental property for college purposes, they admitted the city zoning regulations were vague. They passed a zoning ordinance banning schools and other non-residential uses of property in residential areas.

Before the new regulations took effect, however, DeSisto had leased the 67- year-old mansion on the north end of town for his campus. He said the walled-in mansion site would serve the college's needs.

But city officials cited DeSisto for zoning violations for using the mansion as a campus. Shortly afterward, Desisto filed the discrimination suit against the city.

The suit names the city zoning commission and the city commission. It claims the conflict between the city and the college has been fueled by efforts of zoning commission Chairman Tom Line to acquire the Howey mansion. The suit also claims Line has acted to further the interests of Mission Inn Golf and Tennis Resort, which his wife's family controls. The resort is across the street from the mansion.

Line has denied the allegations.

The lawsuit has divided this small community and the city council.

City Attorney Bob Williams resigned under fire after he recommended the city negotiate a settlement. City council meetings during the past several months have produced stormy exchanges between college supporters and worried homeowners.

Howey's only newspaper, the Howey Herald, folded after residents claimed it contained ''propaganda'' by the college.

For the next few months, attorneys for both sides will be interviewing potential witnesses to prepare their cases for the trial. Mitnick said the case probably would take a month to hear in federal court. The trial is expected to cost about $500,000.

Although the settlement talks have ended, Mitnick said they can be reopened at any time as attorneys get a clearer picture of the case they will be arguing in court.

College officials said they planned to continue using the mansion when the school reopens this fall, but only for special occasions.